If you have opened a social media app in the last few years, you have undoubtedly heard the term “quiet quitting.” This viral term is used by employers and employees alike to describe putting in the bare minimum effort at one’s job.
More recently, the term “quiet firing” has been trending, drawing attention to employers who deliberately create miserable workplaces with the goal of getting certain employees to quit. Quiet firing is usually done in an attempt to avoid liability for unemployment benefits or circumvent a wrongful discharge claim. But is this legal?
In this post, the Matern Law Group team will address your questions about quiet firing and consider whether some quiet firing tactics create more problems for employers than they solve. The attorneys at Matern Law Group will also help employees who have been victims of these techniques find their voices and discuss ways to seek compensation and restitution.
For a personalized, free consultation, please complete our contact form or call us at 855-913-1134.
Quiet Firing Meaning
Quiet firing usually has little to do with actual termination. Instead, it refers to a possibly illegal employment practice where an employer or manager deliberately mismanages or mistreats a worker with the intention of inducing them to quit. However, the manager stops short of firing them.
Examples of this behavior can include:
- Reducing the employee’s job responsibilities;
- Issuing excessive or impossible-to-complete workloads; and
- Removing employees from group discussions and decision-making sessions necessary to complete their work.
This is not an exhaustive list. If you think you are the victim of a quiet firing or have been the victim of a constructive termination, contact Matern Law Group today. The attorneys at Matern Law Group may be able to help you obtain the compensation you deserve.
Is Quiet Firing Legal?
A common question among those subjected to this kind of workplace environment is: is quiet firing illegal?
Generally, employers can legally make changes that affect an employee’s role or work environment, provided they are based on legitimate business reasons, such as:
- Performance-related concerns (with proper documentation and fair warnings)
- Restructuring or business needs that result in reduced responsibilities
- Changes in company policies or operational priorities
However, quiet firing becomes unlawful when an employer performs certain actions. Including the following:
- Violating employee rights under state or federal employment laws
- Discriminating against employees based on age, race, sex, or other protected characteristics
If you believe that your quiet firing was motivated by discrimination, retaliation, or an attempt to force you out without just cause. In that case, you may be able to bring a constructive discharge claim in California. Additionally, if multiple employees have experienced silent firing at your workplace, you might be able to collectively file a lawsuit against your employer.
Be sure to discuss this with our team at Matern Law Group as soon as possible. Our areas of practice include employment law. You can trust us to answer your questions, such as: Is quiet firing legal? While factoring in your unique circumstances and shed light on what legal remedies you may be entitled to.
Signs You Are Being Quietly Fired
If you are being quietly fired, the signs may not be immediately obvious. After all, that’s the whole purpose of quiet firing. In fact, you may not notice until a quiet firing is well underway.
Some key signs of a quiet firing include:
- You experience significant changes to your work responsibilities, like reassignment of key tasks, or having unreasonable performance targets set for you;
- Your compensation changes without notice or cause, such as experiencing pay cuts or being prevented from taking overtime shifts;
- Work conditions change only for you or your protected class, including changes to working hours or shifts; and
- Your supervisor or team stops communicating openly with you and refuses to credit you for your work.
Workplace changes like these can be demoralizing and even make you want to quit, which is exactly what a quiet firing is. If conditions in your workplace make you feel incompetent, unappreciated, isolated, or helpless, sometimes leaving seems like the best option. However, forcing you to leave under those conditions may be a constructive termination.
What Is Constructive Discharge in California?
Constructive discharge occurs when an employer — or their agents — creates or allows intolerable working conditions that would compel a reasonable employee to resign. For instance, an employer intent on subjecting an employee to silent firing may:
- Exhibit Hostile Behavior: Harassment, such as verbal abuse, intimidation, or offensive remarks that make it impossible to perform job duties comfortably.
- Retaliate Against an Employee: Negative treatment, such as demotions or exclusion from opportunities, following complaints about workplace misconduct or harassment.
- Isolate and Exclude an Employee: Leaving an employee out of meetings, decision-making, or social interactions as a means of quiet firing.
If these conditions persist, and an employee resigns because of them, the resignation may be legally considered involuntary, opening the door to claims of wrongful termination.
How Matern Law Group Can Help
Matern Law Group is committed to obtaining justice for you. Whether you have been the victim of quiet firing or have concerns about other employment discrimination issues, Matern Law Group can help. The firm prides itself on delivering exceptional legal services to clients. Matern Law Group believes that everyone deserves to have a powerful voice in the legal process.
The experienced attorneys will fight tenaciously for your rights. Matern Law Group’s strategies are customized to the facts of your case to achieve the best outcome possible. The firm does not charge clients until the client recovers something.
Is It Illegal or Just Unfair?
Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights or the rights of a large group of people in your community, we can help you find the right course of action.
Contact Matern Law Group today for a free case evaluation. Complete our contact form or call 855-913-1134 to get started.
